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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90128
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Gosh i wrote so much but this webpage would not load and give

Resolved Question:

Gosh i wrote so much but this webpage would not load and give me "access"! that's why it took me so long to reply but oh well... :'( :(

I was just going to ask you this last thing --- What if the SOL started on 04/22/2013 - the day HUD and DFEH confirmed that my discrimination complaint was official, so to speak? What do I make of the very early events that instigated a series of discriminatory acts against me/my disability, which took place on 11/30/2010 then spiked up and jump-started on 04/21/2011?

A DFEH rep also informed me that the SOL may be "tolled" under certain circumstances and events such as hospitalizations. I was submitted to E.R. and stayed as in-patient for four days 08/28/2011 to 09/01/2011... I have no idea how the toll-ing of the SOL RE: my case would transpire I suppose it is during the trial and presided by the judge?
:(
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response, I believe this is a duplicate of your other post and I believe I answered you on this.

If not please reply and I will do so.
Customer: replied 1 year ago.

Hello again!
(I apologize that my question may not be as coherent and refined as I would like it to be given that I'm still trying to wrap my head around the SOL being "tolled" as in paused is what another attorney referred it as, which was helpful because I assume that SOLs are "tolled" by the complainant? or is it rather arbitrary and presided only by the judge while in trial? or only upon request/inquiry to the court?)...



RE: your last responses :)
HUD & DEFH had informed me that they are only able to substantiate my discrimination claims from 02/12/2012 to 02/12/2013 -- since I filed a bit late (because it really should have been 12/04/2012 which was the very last date I experienced housing and disability discrimination -- but again that's only if I had filed THAT VERY DAY like on the spot, which is ideal of course *sigh.. but alas I filed late a couple months late so it is as of 02/12/2013) as they can only oversee the full prior year (as of or ending with the date I filed/the last discriminatory incident so backtracking from this date of 02/12/2013), how will the private affirmative complaint apply? I am most concerned about from 11/30/2010 and onwards especially all throughout the year 2011*... Since I technically have two years to file a private complaint, WHEN does the two year mark {that does not overlap with the administrative HUD/DEFH case -- I'm guessing admin and private would not conflict in court?} -- actually begin? Or is it end? Or both? (Oh my gosh, I'm confusing myself already and it's only lunchtime!)


Also, a DFEH rep also informed me that the SOL may be "tolled" under certain circumstances and events such as hospitalizations. I was submitted to E.R. and stayed as in-patient for four days from 08/28/2011 to 09/01/2011... :(


 

Expert:  Law Educator, Esq. replied 1 year ago.
The tolling of the SOL can occur for the reasons the DFEH employee told you, but it also can occur when you make a report to a state agency within the SOL and they take time to investigate the matter as well.

The two year mark begins with the date of the actual violation you are alleging and it end in 2 years or if the agency complaint is filed the statute of limitations stops running during the whole time the state agency has the investigation open and does not begin running again until the agency issues a final ruling. So if you report the violation that occurs in 2010 to the agency in 2011 within the 2 year statute of limitations then the statute of limitations stops on the date you reported it and does not begin running for the last year of the SOL (presuming it happened in April 2010 and you reported in April 2011) until the date the agency closes its investigation and issues a final ruling and you have 1 year remaining to file your suit.
Customer: replied 1 year ago.

Ok, it's going to take me awhile to digest the bulk of your last message (lol), but THANK YOU. I have only 1 more question in response --- Does that mean private attorneys are not able to request for the SOL to be tolled (on behalf of the complainant)? That the state or govt agency are the only agents to request the tolling of the SOL for the victim of discrimination? ....

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You do not really request the SOL to be tolled, it is something that happens based on actions or circumstances (such as filing an administrative complaint or you having a severe health issue that prevented you from filing). You have to prove that you were waiting on the state agency to investigate or that you had a mental or physical incapacity in the court when you file your suit.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90128
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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